Reports of Cases at Law and in Equity Determined by the Supreme Court of the State of Iowa Volume 120 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1904 Excerpt: ... aged and solemn deed. They should, under well-settled rules, make out a plain case in order to succeed. Such titles should not be easily disturbed. Safety in conveyancing and in land titles requires us to hold that the sanctity surrounding deeds of this character should be preserved, and that they should not be set aside except on the clearest and most satisfactory evidence. It may be that John Luckhart intended to defraud his second wife, but this is not claimed, and we therefore have no occasion to determine whether or not such was the fact. Having carefully gone over the evidence, we are of opinion that the decree should be reversed, and the title to the lands in dispute quieted in the defendant William Luckhart. Such a decree may, a-t defendant's option, be entered in this court or the case may be remanded for a decree in harmony with this opinion.--Reversed. I120 2m 0. B. Dickinson V. E. . Crowell And Lucretia Crowell, 143 213 A 11 4 1 Appellants. Notice of Easement. A decree partitioning the interests of co-ten 1 ants and establishing in one a right of way over the land of the other constitutes constructive notice of such easement to a purchaser, though the deeds of the co-tenant and his grantees make no reference thereto. Right of Way: Designation: Acquiescence. Where a right of 2 way has been decreed over the lands of another, it is not necessary for the parties to expressly designate its location, but is sufficient if a right of way is used and acquiesced in. Evidence examined and held to show selection and acquies-cence with sufficient definiteness. Appeal from Buchanan District Court.--Hon. Franklin C. Platt, Judge. Saturday, April 11, 1903. In 1870, Merrick, 0. B., and A. D. Dickinson acquired the S. E. i, N. E., of section 5, township 8...